1 00:00:02,070 --> 00:00:02,903 Hi, everybody. 2 00:00:02,903 --> 00:00:04,620 Welcome to module one. 3 00:00:04,620 --> 00:00:08,010 This module sets the tone and the basis, the foundation 4 00:00:08,010 --> 00:00:09,030 for the rest of this semester. 5 00:00:09,030 --> 00:00:11,790 So it's important to be well grounded 6 00:00:11,790 --> 00:00:15,000 in the basics of the US legal system. 7 00:00:15,000 --> 00:00:18,330 Some of you probably already know this, others do not. 8 00:00:18,330 --> 00:00:20,220 So this is just where we're gonna start 9 00:00:20,220 --> 00:00:22,953 to make sure we are all on the same page. 10 00:00:25,470 --> 00:00:26,970 In high school, in many high schools, 11 00:00:26,970 --> 00:00:28,350 you had civics lessons 12 00:00:28,350 --> 00:00:33,350 where we talked about what are the branches of government, 13 00:00:33,660 --> 00:00:35,734 what is political science, 14 00:00:35,734 --> 00:00:37,890 how do we deal with public affairs 15 00:00:37,890 --> 00:00:40,443 and the duties of citizens? 16 00:00:41,550 --> 00:00:44,010 Many hated it, some loved it. 17 00:00:44,010 --> 00:00:46,590 You can guess how I felt about it. 18 00:00:46,590 --> 00:00:47,423 Much of this course 19 00:00:47,423 --> 00:00:51,033 is going to revolve around the legal system, legal cases, 20 00:00:52,722 --> 00:00:56,133 and as I talked about in the introduction, 21 00:00:58,170 --> 00:00:59,400 these are real life situations. 22 00:00:59,400 --> 00:01:01,350 They're hard situations. 23 00:01:01,350 --> 00:01:05,572 They evolve, they devolve into litigation, 24 00:01:05,572 --> 00:01:10,572 and it results in judicial decisions or pronouncements 25 00:01:10,770 --> 00:01:12,723 that we tend to call opinions. 26 00:01:12,723 --> 00:01:13,980 So a lot of times in this course, 27 00:01:13,980 --> 00:01:15,993 you're going to read a judicial opinion. 28 00:01:17,310 --> 00:01:18,810 These cases are a reflection 29 00:01:18,810 --> 00:01:23,400 of something that happened previously, sometimes years ago, 30 00:01:23,400 --> 00:01:27,270 because as those cases work their way up through appeals, 31 00:01:27,270 --> 00:01:29,610 it takes quite a long time. 32 00:01:29,610 --> 00:01:34,610 Another thing to keep in mind is we're looking at the facts 33 00:01:35,610 --> 00:01:40,610 as these higher courts decided more important facts. 34 00:01:42,480 --> 00:01:44,107 So a lot of times, you might think, 35 00:01:44,107 --> 00:01:45,390 "Is there more to this story, 36 00:01:45,390 --> 00:01:47,520 or are we hearing the whole story, 37 00:01:47,520 --> 00:01:49,140 or is part of the story missing?" 38 00:01:49,140 --> 00:01:54,140 Yes, could very well be, because as judges wrote decisions, 39 00:01:54,780 --> 00:01:56,820 they might have kept certain facts 40 00:01:56,820 --> 00:01:59,280 that they found important to the situation 41 00:01:59,280 --> 00:02:01,590 and discarded facts 42 00:02:01,590 --> 00:02:04,040 they did not think was important to the decision. 43 00:02:05,400 --> 00:02:09,366 To discuss the cases and opinions presented, 44 00:02:09,366 --> 00:02:10,800 you really have to understand 45 00:02:10,800 --> 00:02:13,290 where the case stands in the hierarchy. 46 00:02:13,290 --> 00:02:16,170 So in the legal system, we have this hierarchy, 47 00:02:16,170 --> 00:02:17,493 as you probably know. 48 00:02:18,478 --> 00:02:21,600 We have kind of these local district level courts, 49 00:02:21,600 --> 00:02:25,140 and that can be both a state or a federal model. 50 00:02:25,140 --> 00:02:27,305 Then you have these kind of appellate courts, 51 00:02:27,305 --> 00:02:31,680 that first level that oversees the original decisions, 52 00:02:31,680 --> 00:02:34,260 and then we have kind of that third level, 53 00:02:34,260 --> 00:02:37,890 which is like the Supreme Court of the United States, 54 00:02:37,890 --> 00:02:42,500 or in various states, it could be the Supreme Court 55 00:02:42,500 --> 00:02:45,600 or the Law Court or the Court of Final Appeals. 56 00:02:45,600 --> 00:02:47,760 They can be all called different things. 57 00:02:47,760 --> 00:02:49,960 So basically think of the courts 58 00:02:50,940 --> 00:02:53,043 as having these three levels. 59 00:02:54,390 --> 00:02:55,950 That's an oversimplification, 60 00:02:55,950 --> 00:02:58,983 but that'll kind of help you figure out where this case is. 61 00:03:02,700 --> 00:03:06,483 You may also consider the questions in the module. 62 00:03:07,530 --> 00:03:10,230 These are things to think about as you read a case. 63 00:03:10,230 --> 00:03:12,120 If you haven't read a case before, 64 00:03:12,120 --> 00:03:14,340 just think about who are the parties here? 65 00:03:14,340 --> 00:03:18,510 Just stop and think about, wait, who are the parties here? 66 00:03:18,510 --> 00:03:20,130 Often list the parties and the titles, 67 00:03:20,130 --> 00:03:21,693 but that can be confusing. 68 00:03:22,620 --> 00:03:24,420 Sometimes it has multiple parties. 69 00:03:24,420 --> 00:03:26,373 Sometimes it has an anonymous party. 70 00:03:27,210 --> 00:03:30,510 If it's anonymous, why do you think it could be anonymous? 71 00:03:30,510 --> 00:03:32,760 So who brought that action? 72 00:03:32,760 --> 00:03:34,544 Where's the court? 73 00:03:34,544 --> 00:03:37,110 You know, it can be a state or federal court, 74 00:03:37,110 --> 00:03:38,970 and so sometimes you just have to figure out 75 00:03:38,970 --> 00:03:40,928 what region it is. 76 00:03:40,928 --> 00:03:43,710 Are you at the trial court decision level, 77 00:03:43,710 --> 00:03:45,033 or are you much higher? 78 00:03:46,170 --> 00:03:50,883 So we call that the appellate history, where the case is. 79 00:03:52,350 --> 00:03:54,030 You know, facts we talked about. 80 00:03:54,030 --> 00:03:56,370 Are there facts that you would like to know about 81 00:03:56,370 --> 00:03:57,450 that you're not seeing? 82 00:03:57,450 --> 00:04:00,540 Do you feel like something is totally missing? 83 00:04:00,540 --> 00:04:04,950 Do you feel like certain facts were pulled 84 00:04:04,950 --> 00:04:09,483 to make the decision in a certain way? 85 00:04:11,730 --> 00:04:15,060 Issues, like what are the precise issues being litigated? 86 00:04:15,060 --> 00:04:17,790 One of the hardest things I think 87 00:04:17,790 --> 00:04:20,370 about understanding legal opinions 88 00:04:20,370 --> 00:04:25,110 is they're really crafted very, very narrowly 89 00:04:25,110 --> 00:04:27,810 to answer a precise question. 90 00:04:27,810 --> 00:04:30,330 So sometimes you just read those facts 91 00:04:30,330 --> 00:04:33,390 and you think this is about this whole situation, 92 00:04:33,390 --> 00:04:37,650 but judges often narrow it down 93 00:04:37,650 --> 00:04:41,220 to a single or a few principles, 94 00:04:41,220 --> 00:04:45,510 so that those principles can apply to future cases. 95 00:04:45,510 --> 00:04:47,790 There's a principle that you understand, 96 00:04:47,790 --> 00:04:49,640 like, what do we take away from this? 97 00:04:51,960 --> 00:04:53,520 And likewise, just with the facts, 98 00:04:53,520 --> 00:04:57,570 do you agree with the way the court has framed that issue? 99 00:04:57,570 --> 00:04:59,370 How do they frame that issue 100 00:04:59,370 --> 00:05:00,960 that they're going to decide on? 101 00:05:00,960 --> 00:05:04,200 Do you agree with really that's what's going on here? 102 00:05:04,200 --> 00:05:06,603 And then what was the decision, you know? 103 00:05:07,506 --> 00:05:10,563 We often agree or disagree with these decisions. 104 00:05:11,940 --> 00:05:14,250 We all know, can think of decisions 105 00:05:14,250 --> 00:05:17,910 that we thought were just very way off base 106 00:05:17,910 --> 00:05:19,440 in how they were decided. 107 00:05:19,440 --> 00:05:21,570 What's the rationale there? 108 00:05:21,570 --> 00:05:23,430 And then as the course moves on, 109 00:05:23,430 --> 00:05:26,190 we're gonna continue to think about implications. 110 00:05:26,190 --> 00:05:28,953 So what does that mean, and how does that affect us? 111 00:05:29,970 --> 00:05:34,030 An easy example is the Affordable Care Act, right? 112 00:05:34,030 --> 00:05:36,480 The Affordable Care Act in 2011, 113 00:05:36,480 --> 00:05:41,480 multiple attempts to have courts rule it unconstitutional. 114 00:05:41,880 --> 00:05:43,590 Well, what's the implication of that, 115 00:05:43,590 --> 00:05:45,570 is that they would have basically said 116 00:05:45,570 --> 00:05:49,380 the law is undone, unenforceable. 117 00:05:49,380 --> 00:05:50,790 That's not always the case. 118 00:05:50,790 --> 00:05:52,177 Judges don't always say, 119 00:05:52,177 --> 00:05:56,130 "Yes, we're either calling this whole law 120 00:05:56,130 --> 00:05:58,290 enforceable or not." 121 00:05:58,290 --> 00:06:01,050 There's a lot of different nuances to that. 122 00:06:01,050 --> 00:06:03,750 So you might wanna just think about the implications. 123 00:06:03,750 --> 00:06:04,950 Often in healthcare, 124 00:06:04,950 --> 00:06:08,793 implications can be nuanced, wide ranging. 125 00:06:10,245 --> 00:06:13,410 And as we think about healthcare administration, you know, 126 00:06:13,410 --> 00:06:17,670 how do healthcare administrators prepare to deal with this? 127 00:06:17,670 --> 00:06:19,680 Often healthcare administrators, 128 00:06:19,680 --> 00:06:21,150 whether or not they were lawyers, 129 00:06:21,150 --> 00:06:24,420 do have to have an understanding of the law, 130 00:06:24,420 --> 00:06:27,330 how it impacts healthcare and their work. 131 00:06:27,330 --> 00:06:32,330 So this week, we're gonna talk about just some basics. 132 00:06:32,700 --> 00:06:37,413 What are the basics, foundations of our system? 133 00:06:38,670 --> 00:06:43,670 How does courts impact law? 134 00:06:45,420 --> 00:06:47,970 What do judicial decisions do? 135 00:06:47,970 --> 00:06:50,340 How is that tied to healthcare? 136 00:06:50,340 --> 00:06:51,720 And where does that leave us? 137 00:06:51,720 --> 00:06:55,440 And that'll just get us into module two, 138 00:06:55,440 --> 00:06:56,580 where we can start talking 139 00:06:56,580 --> 00:06:59,460 a little bit about the history of healthcare 140 00:06:59,460 --> 00:07:00,963 and where we're at now. 141 00:07:02,820 --> 00:07:06,330 So make sure to check out the class notes. 142 00:07:06,330 --> 00:07:09,993 The slides will be explained a little bit more next week, 143 00:07:11,310 --> 00:07:15,273 and I'll see you in the Yellowdig discussion forum.